Termination For Cause

Termination For Cause. Means termination of Executive's employment by the Company due to: (i) A material breach by Executive of any of the terms of Sections 7 or 8 of this Agreement; or (ii) A determination by the Board, acting in good faith and with reasonable justification, that Executive's performance in his position as President and Chief Executive Officer of the Company has been unsatisfactory, after first having given written notice to Executive that his performance has... been unsatisfactory (which notice shall set forth in reasonable detail the nature of the unsatisfactory performance), and Executive having failed to cure such unsatisfactory performance within thirty (30) days thereafter to the reasonable satisfaction of the Board; or (iii) The conviction of a felony, or a crime involving moral turpitude; or (iv) Willful misconduct, dishonesty or fraud on Executive's part in connection with the performance of any of his duties under this Agreement. View More

Termination For Cause. Termination of your employment with the Company because of (i) your conviction of a felony involving fraud, theft or moral turpitude; (ii) the willful or persistently repeated material non- performance of your duties to the Company (other than by reason of incapacity due to your physical or mental illness), provided that you receive a detailed written notice describing such non-performance and the same continues after you receive such written notice; and (iii) any material breach by you of a... material term of this Agreement, which breach is not cured within 5 business days after written notice to you specifying such breach. Termination of your employment for Cause shall be communicated by delivery to you of a written notice from the Company stating that the Executive has been terminated for Cause, specifying the particulars thereof and the effective date of such termination. View More

Termination For Cause. Executive (i) has engaged in gross negligence or willful misconduct in the performance of Executive's duties, (ii) has willfully refused without proper legal reason to perform Executive's duties and responsibilities, (iii) has materially breached any material provision of any agreement between the Company and Executive, including without limitation paragraph 2 herein, (iv) has materially breached any material corporate... policy maintained and established by the Company that is of general applicability to the Company's executive employees, (v) has willfully engaged in conduct that Executive knows or should know is materially injurious to the Company or any of its affiliates, or (vi) has engaged in illegal conduct or any act of serious dishonesty which adversely affects, or reasonably could in the future adversely affect, the value, reliability, or performance of Executive in a material manner; provided, however, that in no event shall a termination of Executive's employment constitute a "Termination for Cause" unless such termination is approved by at least two-thirds of the members of the Board after Executive has been given written notice by the Company of the specific reason for such termination and an opportunity for Executive, together with Executive's counsel, to be heard before the Board. Members of the Board may participate in any hearing that is required pursuant to this subparagraph (g) by means of conference telephone or similar communications equipment by means of which all persons participating in the hearing can hear and speak to each other; provided, however, that at least one-half of the members of the Board shall attend the hearing in person. View More

Termination For Cause. As defined in the Employment Agreement.

Termination For Cause. Shall mean termination by the Company of Officer's employment by the Company by reason of Officer's (1) willful dishonesty towards, fraud upon or deliberate injury or attempted deliberate injury to the Company; (2) misrepresentation or concealment of a material fact or circumstance for the purpose of or otherwise in connection with securing employment with the Company; (3) breach by Officer of any of the provisions of Section 6 of this Agreement; (4) the refusal or willful failure to follow the... lawful directions of the Board of Directors; (5) conviction for a felony; or (6) any material breach of this Agreement. View More

Termination For Cause. Termination of the employment of Mr. Cross because of his personal dishonesty, incompetence, willful misconduct, breach of a fiduciary duty involving personal profit, intentional failure to perform stated duties, willful violation of any law, rule, or regulation (other than traffic violations or similar offenses) or final cease-and-desist order, or material breach of any provision of this Agreement. Mr. Cross shall not be deemed to have been Terminated for Cause unless and until there shall... have been delivered to him a copy of a resolution, duly adopted by the affirmative vote of not less than a majority of the entire membership of the Board at a meeting of the Board called and held for such purpose (after reasonable notice to Mr. Cross and an opportunity for him, together with his counsel, to be heard before the Board), stating that, in the good faith opinion of the Board, Mr. Cross has engaged in conduct described in this subparagraph 1(f), and specifying the particulars thereof in detail. View More

Termination For Cause. The Company's termination of Employee's employment for Cause.

Termination For Cause. Means termination of Executive's employment during the Term because of (i) any willful, material violation by the Executive of any law or regulation applicable to the business of the Company or a subsidiary of the Company or the Buyer, as applicable, the Executive's conviction for, or guilty plea to, a felony or a crime, or any willful perpetration by the Executive of a common law fraud, (ii) Executive's commission of an act of personal dishonesty which involves personal profit in connection... with the Company or the Buyer, as applicable, or any other entity having a business relationship with the Company, or the Buyer, as applicable, (iii) any breach by Executive of any material provision of any agreement or understanding between the Company or the Buyer, as applicable, and Executive regarding Executive's service as an employee, officer, director or consultant to the Company or the Buyer, as applicable, which results in loss, damage or injury to the Company or the Buyer, including, without limitation, the willful and continued refusal of Executive to perform the material duties reasonably required of Executive as an employee, officer, director or consultant of the Company or the Buyer, other than as a result of having a Disability, (iv) Executive's violation of the policies of the Company or the Buyer, as applicable, so as to cause loss, damage or injury to the property, reputation or employees of the Company or the Buyer, or (v) any willful misconduct or unauthorized actions by Executive which results in loss, damage or injury to the Company or the Buyer. RETENTION AGREEMENT -- Page 8 View More

Termination For Cause. Termination of Executive's employment during the Term because of (i) any willful, material violation by the Executive of any law or regulation applicable to the business of the Company or a subsidiary of the Company, the Executive's conviction for, or guilty plea to, a felony or a crime, or any willful perpetration by the Executive of a common law fraud, (ii) Executive's commission of an act of personal dishonesty which involves personal profit in connection with the Company or any other entity... having a business relationship with the Company, (iii) any breach by Executive of any material provision of any agreement or understanding between the Company and Executive regarding Executive's service as an employee, officer, director or consultant to the Company which results in loss, damage or injury to the Company, including, without limitation, the willful and continued refusal of Executive to perform the material duties reasonably required of Executive as an employee, officer, director or consultant of the Company, other than as a result of having a Disability, (iv) Executive's violation of the policies of the Company so as to cause loss, damage or injury to the property, reputation or employees of the Company, or (v) any willful misconduct or unauthorized actions by Executive which results in loss, damage or injury to the Company. View More

Termination For Cause. Means a termination of the Executive's employment because of (1) the conviction of the Executive by a state or federal court of competent jurisdiction of any felony, (2) the conviction of the Executive by a state or federal court of competent jurisdiction for embezzlement or misappropriation of funds of the Company or its 2 consolidated subsidiaries, (3) gross negligence or willful misconduct of the Executive which causes a material monetary injury to... the Company or its consolidated subsidiaries, or (4) the Executive's continued failure to substantially perform material stated duties of his positions with the Company and its consolidated subsidiaries. View More